All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate ... Read More
12
Jun2018
17
Aug2017
Each year, thousands of protective orders are issued in cases involving certain domestic relationships. Some are tactical weapons to advance illicit objectives; most have merit. Protective orders may have profound implications for work and core civil liberties, such as the right to keep and bear arms. A proven violation can result in a fine, contempt of court charge, and criminal charge.
While most of this is somewhat common knowledge now that the Indiana Civil Order Protection Act has been in force for a ... Read More
31
May2017
Perhaps any seasoned civil or criminal trial attorney has had (or heard about) the horror story case where his or her client (now potential criminal defendant) did not understand that the right to remain silent1 applies in all places, at all times, and to all statements where it could later result in criminal charge. Silence is priceless. This blog post addresses three areas you must know and understand where you, a citizen, would be better served by consulting ... Read More
11
Apr2017
Having a contempt petition (sometimes called a rule to show cause) filed against one in a civil or criminal case is generally unsettling. What is the purpose? Generally, civil and criminal contempt is the legal process by which trial courts enforce their orders and/or maintain decorum in the courtroom. A key and relatively recent Indiana case, Stanke,1 has refined civil contempt and it, along with the array of contempt types and proceedings, is addressed in this blog post.
The ... Read More
17
Mar2017
In polling a room full of people who have experienced divorce, some will contend their ex-spouse is "crazy". Part of this is gallows humor and a way to cope with this past or present stressor; there are those for whom the situation will be a reality. This blog post addresses divorce and mental health statistics means to obtain a diagnosis or assessment under the law, and key implications for the divorcing parties.
First, divorce itself is now recognized as a traumatic experience and possible ... Read More
14
Dec2016
Under Appellate Rule 9, a party generally has the right to appeal a final judgment to the Indiana Court of Appeals. This order is the one that decides the case. However, an appeal has some very key limitations that are easy to misunderstand and miss when deciding to appeal. This blog post covers three important such issues that generally cannot be waived on appeal.
First, if key evidence is not introduced at trial (for whatever reason) it cannot be in some way supplemental ... Read More
19
May2016
There are many legal considerations in taking an appeal from a trial court’s final order to the Indiana Court of Appeals. In this blog post, three of the most basic considerations for appeal are considered to illustrate the obvious—but not often thought of—components of an appeal.
The first is the time to prepare an appeal. On appeal to the Indiana Court of Appeals, this Court considers the written word for word account of the witness testimony. In addition, it considers exhibits.... Read More
10
Feb2016
Indiana’s appellate court’s are adapting with the times and requirements for open access to courts as guaranteed by the Indiana Constitution. Appeals to the Indiana Court of Appeals, Indiana’s primary intermediate court are made uniform to expedite the appellate process and ensure uniformity in review on-line and in paper format by the Clerk issuing a “Notice of Defect” for briefs that other filings that do not closely follow the Appellate rules.
In this blog post, common defects are discussed and what they mean in terms of the appeal and ... Read More
22
Oct2015
In Indiana, there are hundreds of thousands of Hoosiers with a License to Carry a handgun. Because of the extraordinary complexity in firearms laws, a person may be denied a license for a number of reasons that can be addressed and the license issued. This blog post covers three key points about denial.
First, if you are denied a license, you have the right to a hearing at the Indiana State Police (ISP). They are very dutiful in considering the merits of every denial, but a ... Read More
16
Jul2015
The Indiana Civil Order Protection Act focuses on rapid intervention where domestic violence occurs and/or stalking and/or certain sex offenses. This allows a trial court to review a petition alleging such offenses and issue an ex parte order (without a hearing based on the petition). As a general constitutional principle, due process requires a hearing with all parties present before a court issues an order such as this.
To protect victims, and minimize abuse of the process, the policy of the “Indiana Civil Protection Order Act…aims ... Read More
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